Shelburne South No. 1 (FP-2020-0001) BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: NOVEMBER 4. 2020
ORDER APPROVAL DATE: NOVEMBER 17, 2020
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 59 BUILDING CASE NO. FP-2020-0001
LOTS AND 16 COMMON LOTS ON
16.61 ACRES OF LAND IN THE R-8 ORDER OF CONDITIONAL
ZONING DISTRICT FOR APPROVAL OF FINAL PLAT
SHELBURNE SOUTH NO. I
BY: KIMLEY-HORN &
ASSOCIATES
APPLICANT
This matter coming before the City Council on November 4, 2020 for final plat approval
pursuant to Unified Development Code (UDC) I I-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of"PLAT SHOWING SHELBURNE SOUTH SUBDIVISION
NO. 1, LOCATED IN THE SW 1/40F THE SE 1/40F SECTION 28, TOWNSHIP
3N., RANGE IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020,
HANDWRITTEN DATE: 08/18/2020,by CLINTON W. HANSEN, PLS,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE SOUTH NO. I —FP-2020-0001
Page 1 of 3
SHEET I OF 4," is conditionally approved subject to those conditions of Staff as
set forth in the staff report to the Mayor and City Council from the Planning and
Development Services divisions of the Community Development Department
dated November 4, 2020, a true and correct copy of which is attached hereto
marked"Exhibit A" and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian,pursuant to Idaho Code § 67-652 1. An affected person being a person who has an
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE SOUTH NO. I —FP-2020-0001
Page 2 of 3
interest in real property which may be adversely affected by this decision may, within twenty-
eight(2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the 17th day of
November 12020.
By:
Robert E. Simison
Mayor, City of Meridian
Attest:
Chris Johnson
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 11-17-2020
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHELBURNE SOUTH NO. I —FP-2020-0001
Page 3 of 3
EXHIBIT A
STAFF REPORT C�WE
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 11/4/2020 Legend
DATE:
Ppdp--cl L<=tor
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: FP-2020-0001
Shelburne South No. I
LOCATION: North side of E. Amity Rd. midway
between S. Eagle Rd. and S. Cloverdale
Rd.,in the SE 1/4of Section 28,
Township 3N.,Range I E.
MT
1. PROJECT DESCRIPTION
Final plat consisting of 59 buildable lots and 16 common lots on 16.61 acres of land in the R-8 zoning
district.
11. APPLICANT INFORMATION
A. Applicant:
Ian Connair,Kimley-Horn&Associates—7740 N. 10 St. #300,Phoenix,AZ 85020
B. Owner:
Pinnacle Land Development,LLC—7629 E. Pinnacle Peak Rd., Scottsdale,AZ 85255
C. Representative:
Same as Applicant
111. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat(H-2019-0106)in accord with the requirements listed in UDC 11-6B-3C.2.
In order for the proposed final plat to be deemed in substantial compliance with the approved
preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the
amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of
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buildable lots and common open space area have not changed. Therefore, Staff deems the proposed
final plat to be in substantial compliance with the approved preliminary plat as required.
IV. DECISION
Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this
report.
V. EXHIBITS
A. Preliminary Plat(dated: 9/5/2019)
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C. Landscape Plan(dated: 08/26/2020)
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VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
Site Specific Conditions:
I. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst.
#2020-138124) and preliminary plat(H-2019-0106)applications approved for this site.
2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years
of the City Council's approval of the preliminary plat(by March 3,2022); or apply for a time
extension, in accord with UDC I I-6B-7.
3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 8/18/2020,
included in Section V.13 shall be revised as follows:
a. Note#10: Include the recorded instrument number of the Development Agreement(#2020-
L38124).
b. Note#12: Include the recorded instrument number of the
c. Note#13: Include the recorded instrument number of the CC&R's.
d. Include the recorded Book and Page numbers for Shelburne East Subdivision No. I and No. 2
graphically depicted on Sheet 1.
e. Include the recorded instrument number for the existing slope easement graphically depicted
on Sheet 1.
f. Include the recorded instrument number of the existing ACHD permanent sidewalk easement
line in the Legend on Sheet 1.
A copy of the revisedplat shall be submittedfor City Engineer signature.
5. The landscape plan prepared by Kimley-Horn, dated 08/26/2020, included in Section V.C, shall
be revised as follows:
a. Depict mitigation trees and calculations on the plan in accord with the standards listed in
UDC 11-313-10C.5. Coordinate with Matt Perkins, the City Arborist, to determine mitigation
requirements.
b. Revise the configuration of the pathway on Lot 3,Block 2 so that it runs parallel with the
creek in closer alignment with the pathway on Lot 23,Block 4.
c. If the unimproved right-of-way of E. Amity Rd. is 10 feet or greater from the edge of
pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot
compacted shoulder meeting the construction standards of ACHD and landscape the
remainder with lawn or other vegetative ground cover as set forth in UDC 11-3 B-7C.5. A
license agreement for improvements within the right-of-way is required between the property
owner and ACHD.
d. Depict 5-foot wide landscape strips on each side of the multi-use pathway that comply with
the standards listed in UDC 11-313-1 2C.A mix of trees, shrubs, lawn andlor other vegetative
groundcover is required.
6. The existing home proposed to remain on Lot 1, Block 4 shall hook up to City water and sewer
services at the developers expense within 60 calendar days of such services becoming available in
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accord with MCC 9-1-4 and 9-4-8. At such time,the septic tank shall be abandoned and the well
solely used for irrigation purposes.
7. The address of the existing home on Lot 1,Block 4 shall change to be addressed off of S. Selatir
Way when that road is constructed.
8. The Nine Mile Creek and the Ten Mile Creek/Feeder shall be protected during construction.
9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, Sue Prescott,at 887-1620 for more information.
10. All fencing shall comply with the standards of UDC 11-3 A-7C.
11. Development shall be limited to 30 building lots until such time as a secondary access that meets
International Fire Code (IFC)is built and approved by the Fire Dept.Note:Shelburne East No. I
and 2 are currently being constructed to the north of the site and willprovide secondary access
for Shelburne South Phases I and 2 through Selatir Way.
12. To ensure access is still provided to the Freeman property(Parcel#S 1128438580)once
Shelburne East develops to the north and S. Selatir Ln. is removed, a cross-access easement for a
minimum 20-foot wide driveway shall be required to that property. A copy of the recorded
easement shall be submitted prior to signature on the final plat by the City Engineer.
13. All existing structures on the site that are not proposed to remain on a lot in the proposed
subdivision shall be removed prior to City Engineer signature on the final plat phase in which
they are located.
14. An 8-foot wide public pedestrian easement shall be submitted to the Planning Division as
required by the Park's Department prior to signature on the final plat(s)by the City Engineer for
the multi-use pathway along the southwest side of the Nine Mile Creek from the east to the
northwest(along the creek to the north boundary and along the access road to the west boundary)
perimeter boundaries of the subdivision and along the northeast side of the Ten Mile Feeder
Canal on the subject property.
15. All existing structures that don't comply with the setback standards listed in UDC I I-2A-6 shall
be removed from the site prior to signature on the final plat by the City Engineer.
16. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or
development agreement does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions:
I. The streetlight at Amity and Amorita shall be Type I and be positioned over E. Amity Road.
2. Remove water mainline stub out of E Arabian Dr because the east boundary of the development
is the edge of Meridian's service area.
3. Remove the water mainline stub out of E Grayson Dr east of S Selatir Way because the east
boundary of the development is the edge of Meridian's service area.
4. Avoid sanitary sewer service lines going through seepage beds whenever possible.Adjust
seepage beds, or service lines so they are not going through a seepage bed. There are multiple
areas where the infiltration trenches can be relocated to eliminate these crossing. Applicant to
reconfigure infiltration trenches to eliminate or minimize crossing.
5. All sewer mainlines outside of an improved public right-of-way must have at a minimum, a 14-
foot wide compacted gravel maintenance road that meets the City standards. Installation of multi-
use pathways over main-lines is acceptable as long as the 14-foot width and adequate turn
radiuses are provided.
General Conditions:
6. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
7. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
8. All improvements related to public life, safety and health shall be completed prior to occupancy of
the structures. Where approved by the City Engineer, an owner may post a performance surety for
such improvements in order to obtain City Engineer signature on the final plat as set forth in LTDC
11-5C-3B.
9. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
10. A letter of credit or cash surety in the amount of I 10%will be required for all incomplete fencing,
landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
11. The City of Meridian requires that the owner post with the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final
plat signature. This surety will be verified by a line item cost estimate provided by the owner to the
City. The applicant shall be required to enter into a Development Surety Agreement with the City
of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or
bond. Applicant must file an application for surety, which can be found on the Community
Development Department website. Please contact Land Development Service for more
information at 887-2211.
12. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
13. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety
agreement may be approved as set forth in UDC I I-5C-3C.
14. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
15. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
Page I I
16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
17. Developer shall coordinate mailbox locations with the Meridian Post Office.
18. All grading of the site shall be performed in conformance with MCC 11-1-4B.
19. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
20. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
21. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.
The design engineer shall provide certification that the facilities have been installed in accordance
with the approved design plans.This certification will be required before a certificate of occupancy
is issued for any structures within the project.
22. At the completion of the project,the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
23. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public—works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator
at 898-5500 for information on the locations of existing street lighting.
24. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather
dedicated outside the plat process using the City of Meridian's standard forms. The easement shall
be graphically depicted on the plat for reference purposes. Submit an executed easement (on the
form available from Public Works),a legal description prepared by an Idaho Licensed Professional
Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x
I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document. All easements must be submitted,reviewed,and approved prior to
signature of the final plat by the City Engineer.
25. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
26. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888-
5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes
such as landscape irrigation if approved by Idaho Department of Water Resources.
27. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
28. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
29. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC
11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
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